• O'Reilly v. Irvine

    Publication Date: 2024-04-12
    Practice Area: Contractual Disputes
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Campbell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2023-SU-0659

    Defendants filed preliminary objections to plaintiff's amended complaint. The court sustained in part and overruled in part defendants' objection regarding scandalous and impertinent material, and it overruled defendants' objection regarding specificity.

  • Cleveland Bros. Equip. Co. Inc. v. Arcadia N. Land LLC

    Publication Date: 2023-08-28
    Practice Area: Deals and Transactions
    Industry: Financial Services and Banking | Real Estate
    Court: Courts of Common Pleas, Adams County
    Judge: Judge George
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2020-SU-424

    A development company sued a bank alleging fraud in a real estate transaction based on undisclosed agreements the bank-seller had made with a municipality regarding water systems and water line replacement. The court considered the bank's preliminary objections to the complaint, which were overruled in part and sustained in part.

  • Mowery v. Mowery

    Publication Date: 2023-08-21
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2021-SU-0952

    Husband petitioned to challenge the validity of a prenuptial agreement during divorce proceedings. The court found the agreement to be valid and binding and therefore denied husband's petition.

  • Gettysburg Contracting, Inc. v. Atomic Dog Cidery, LLC

    Publication Date: 2022-10-10
    Practice Area: Contractual Disputes
    Industry: Construction | Food and Beverage
    Court: Courts of Common Pleas, Adams County
    Judge: Judge George
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2021-SU-1047

    Court granted plaintiffs' demur and preliminary objections to defendants' responsive pleadings, holding the material terms of a contract in dispute could not be converted into a fraudulent misrepresentation claim because the terms were promises for future performance rather than statements made with the intention to fraudulently induce defendants.

  • Garlin v. Latimore Twp. Zoning Hearing Bd.

    Publication Date: 2022-10-10
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Wagner
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2022-SU-15

    Court affirmed the decision of the town's zoning board finding that appellant property owner was in violation of multiple ordinances due to the condition of his properties. Although appellant argued the evidence presented at the hearing was illegally obtained by an officer who took photographs from the outside of the properties, the court noted that the evidence was lawfully obtained under the open fields doctrine.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Anderson v. Anderson

    Publication Date: 2022-10-03
    Practice Area: Family Law
    Industry: Legal Services
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2021-S-871

    The court refused to grant wife's petition to open a divorce decree where her petition was not timely filed and her attorney's mistake in failing to file economic claims on wife's behalf did not amount to extrinsic fraud so as to warrant relief under 23 Pa.C.S. §3332. The court denied wife's petition.

  • Caldwell v. Caldwell

    Publication Date: 2022-10-03
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2018-S-253

    Court denied request to modify a hearing officer's report and recommendation which was incorporated into the final divorce decree, holding that the Pennsylvania Divorce Code makes no provision for a modification of a final decree of equitable distribution, and in fact, it is settled law that such degrees are non-modifiable.

  • Commonwealth v. Gross

    Publication Date: 2022-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Wagner
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0695

    Court granted in part and denied in part defendant's motion for habeas corpus arising out of the state's charges for strangulation, harassment, assault, and attempt to intimidate a witness. Although the witness indicated defendant lifted her against a wall and choked her she later indicated that her breathing and blood circulation were not restricted. Therefore, because the statutory requirements for strangulation required that victim's breathing or circulation be restricted, the court denied that portion of the motion. The court did,

  • Commonwealth v. Cofelice

    Publication Date: 2022-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Wagner
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0698

    Defendant demonstrated that the prosecution of this case violated the compulsory joinder rule, which bars a subsequent prosecution due to a former prosecution for a different offense if the criminal cases present a substantial duplication of both legal and factual issues and, inter alia, defendant perpetrated both offenses in the same judicial district. The court granted defendant's motion to dismiss.

  • Frye v. WellSpan Health

    Publication Date: 2022-07-11
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Courts of Common Pleas, Adams County
    Judge: Judge George
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0696

    The court granted defendant's preliminary objection to plaintiffs' complaint on the basis that plaintiffs failed to effectuate proper service requirements pursuant to Pennsylvania Rule of Civil Procedure 402. Specifically, the court noted plaintiffs did not demonstrate a good faith effort to serve defendant pursuant to the requirements laid out in recent precedent and therefore further failed to satisfy their evidentiary burden. The court noted it did not matter whether the reasons for failing to make a good faith effort were intentio